Wednesday, 24 April 2013

CPJ: OVERTURN VERDICT ON EDITOR

The Committee to Protect Journalists today called on
Swaziland's appeals court to overturn last week's conviction of an editor for "contempt
by scandalizing the court" in relation to two articles criticizing the
country's chief justice.

The High Court of Swaziland on April 17 sentenced
Bhekitemba Makhubu, editor of privately owned The Nation magazine, to a fine of
US$20,000 or two years imprisonment for comments published about Supreme Court
Chief Justice Michael M. Ramodibedi in 2009 and 2010.

Although the judgment was handed down more than a year
after the case was heard, in February 2012, Makhubu was given only three days
to pay the fine. His legal team lodged an appeal Monday, staying the judgment
until the appeal is heard.

"We condemn the court's heavy-handed interpretation
of Swaziland's contempt of court provisions and its prosecution of one of the
kingdom's few independent media voices," said CPJ Africa Program
Coordinator Sue Valentine. "Swaziland's constitution protects freedom of
expression and fair criticism of the judiciary--we would urge the appeals court
to review Bheki Makhubu's case with these provisions in mind."

Makhubu's lawyer, Bob Sigwane, told CPJ that he did not
understand the rush by the courts to impose a fine payable within three days.
He said there also seemed to be some confusion whether the case was a civil or
criminal matter, but said he had successfully lodged the appeal papers with the
public prosecutor's office.

Swaziland's court of appeal sits in May and November, and
according to both Sigwane and the local chapter of the Media Institute of
Southern Africa (MISA), it is likely that Makhubu's appeal will be heard only
in November.

In a 91-page judgment, the
court found that one of Makhubu's articles constituted "contempt of court," while the other was a "scurrilous abuse of
the chief justice." One article had praised Judge Thomas Masuku for his
opinion, dissenting from two other Supreme Court judges, in cases dealing with
evictions on land held by King Mswati III. The other opinion piece had criticized
Chief Justice Ramodibedi for what it called arrogance and lack of decorum
following statements he had made.

Vuyisile Hlatshwayo, national director of the
MISA-Swaziland, said the judgment and sentence of Makhubu was unconstitutional.
"It shows there is no rule of law in Swaziland," he told CPJ.

Hlatshwayo said media houses in Swaziland have been
outspoken in their criticism of the court's ruling, with the Swazi Observer, a
daily publication owned by an investment fund controlled by King Mswati III,
the absolute monarch of Swaziland, publishing a blank opinion piece under the
title 'Dear Judge Maphalala' --a reference to the high court judge, Bheki
Maphalala, who imposed the heavy penalty.